Criminal Procedure Code, 1973, Section 378, 386 -- Appeal against acquittal - Procedure to be adopted - Held, in exceptional cases where there are compelling circumstances and judgment under appeal is found to be perverse, appellate court can interfere with order of acquittal - Appellate court should bear in mind presumption of innocence of accused...........
Civil Procedure Code, 1908, Section 2(2), 115, Order 7, Rule 11 -- Rejection of plaint - Appeal thereagainst also dismissed - Revision filed against order of appellate Court with a prayer that in case revision is found not maintainable it may be converted into regular second appeal - Formal decree sheet is not required to be drawn when plaint is rejected as rejection of..........
Criminal Procedure Code, 1973, Section 378 -- Acquittal - Appeal against acquittal - Scope of powers of Appellate Court - Reiterated...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Conclusions arrived at if possible to be reached, the same cannot be characterized as unreasonable or perverse so as to justify the interference by Appellate Court...........
Civil Procedure Code, 1908, Order 15, Rule 5(As - - Several defaults in depositing monthly rent - Trial Court struck off the defence - Order upheld by District Judge but set aside by High Court - Order of trial Court and appellate Court not perverse - Both the Court below did not exceed their jurisdiction - Held, it was not open to High Court to sit in appeal under Art.227..........
Criminal Procedure Code, 1973, Section 386 -- Appeal against conviction - Duty of Court - Held, it is sacrosanct duty of appellate Court, while sitting in appeal against judgment of trial Judge, to be satisfied that guilt of accused has been established beyond all reasonable doubt after proper re-assessment, re-appreciation and re-scrutiny of material on record...........
Criminal Procedure Code, 1973, Section 173, 482 -- Transfer of investigation - Final report u/s.173(2) Cr.P.C. submitted before competent criminal Court - Allegations are only against then RDO who might have been transferred to various districts during past 15 years - Similarly various other police officials might have investigated case and it is difficult to assume that..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application for additional evidence must be taken up alongwith appeal - If Court finds that a party has a good reason to produce additional evidence, Court has two options: (i) to allow additional evidence to be brought and if it refers to any document, consider the same if it did not..........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Suit in representative capacity - If a person sues on his own behalf initially and later the suit is converted into a representative suit (by amendment of plaint), there is no addition of parties involved - There is nothing which prevents a Court from permitting persons from suing in their individual capacity, to sue as..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Eviction proceedings - During pendency of appeal against eviction order an application filed for impleadment of party to the proceedings on ground that applicant is a co-owner - Co-owner is not a necessary party in an eviction petition - Order dismissing application calls for no interference...........
